PEOPLE VS.

CABALHIN

Facts: On February 22, 1987, in the afternoon, Aurelio

Cabalhin went to the house of the victims, Flaviana &
Rolito Saldivia to see his wife, Marianita, and to verify
the information that his wife had a paramour. The
witness, brother of Rolito, upon seeing the appellant
coming, sensing danger, hid under the floor of their
house and saw the appellant stab the 3 victims using a
dagger of 13 inches long causing the death of Rolito &
Marianita and grievous wounds of Flaviana.

The appellant claimed that he caught Marianita and Rolito

having sexual intercourse. But this statement was belied
by another witness,Romulo del Monte, testifying that both
victims have clothes.

Issue: WON Appellant is guilty beyond reasonable doubt

of frustrated homicide.

Ruling: YES. In applying Article 249 of the Revised Penal

Code, the essential element of intent to kill the victim
must be clearly established in order to convict one of
the crime of homicide.Taking into consideration the
number and location of the stab wounds sustained by
Flaviana, this court believes, as aptly observed by the
trial court, that there was intent to kill when appellant
attacked and wounded Flaviana. We, therefore uphold the
ruling of the trial court finding appellant guilty of
frustrated homicide in having attacked Flaviana,
performing all the acts of execution which would have
produced the crime of murder, as a consequence, but
nevertheless did not produce it by reason of cause or
causes independent of his will, that is, due to the
timely and able medical assistance rendered to said
Flaviana Lacambra Saldivia which prevented her death.

The decision of RTC is AFFIRMED in toto.